Satish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43974 of 2026
                      Arising Out of PS. Case No.-980 Year-2025 Thana- JAKKANPUR District- Patna
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           1.     Satish Kumar S/O Madan Prasad Rastogi Resident of Mashrak, P.S.-
                  Mushrak, District- Saran.
           2.     Manish Kumar Rastogi S/O Madan Prasad Rastogi Resident of Mashrak,
                  P.S.- Mushrak, District- Saran.
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Smita Shreeyash, Advocate
                 For the Opposite Party/s :       Mr. Suman Kumari Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   08-07-2026                      Heard learned Advocate for the petitioners and

                   learned Advocate for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Jakkanpur P.S. Case No. 980/2025, registered

                   for the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. The police acting on a tip off regarding the storage

                   and sale of illicit wine conducted a raid in the house of one

                   Uday Kumar and in course of search, recovered 669.33 liters of

                   Indian made foreign liquor besides cash of Rs. 17,61,000/- from

                   a box. In course of such, the police also seized two scooties

                   which were parked in front of the house of the accused Uday

                   Kumar.
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                       4. Learned Advocate for the petitioners submitted that

          the names of the petitioners are implicated in this case on

          account of they being owner of the seized scooty. There is no

          recovery from the conscious or constructive possession of the

          petitioners. Only on account of the fact that the co-accused

          Uday Kumar disclosed to the police that these vehicles are being

          used for the purpose of trafficking the illicit wine, the name of

          the peititoner has been implicated in this case. Even if the

          allegations are taken to be true for the sake of argument, it does

          not attract the rigors provided under Section 76(2) of the Bihar

          Prohibition and Excise Act. The petitioner no. 1 carries fair

          antecedent whereas petitioner no. 2 bears one criminal

          antecedent of identical nature. There is no compliance of

          Sections 103 and 105 of the B.N.S.S. is the contention of the

          learned Advocate for the petitioner.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submits that the

          petitioners are none else but the brothers of co-accused Uday

          Kumar from whose possession a huge amount of the illicit wine

          along with the ill-gotten money was recovered and as such the

          complicity of the petitioners cannot be ruled out.

                       6. Having considered the submissions advanced on
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                        behalf of the respective parties and taking note of the fact that

                        the petitioner’s name were implicated only on account of the

                        fact that they are owner of the vehicle in question which are

                        allegedly said to have been used for the purposes of trafficking

                        of illicit wine besides lack of cogent materials attracting the

                        rigors provided under Section 76(2) of the Bihar Prohibition and

                        Excise (Amendment) Act as also the defiance of Sections 103

                        and 105 of the B.N.S.S., let the petitioners above named be

                        released on bail, in the event of their arrest or surrender before

                        the court below within a period of four weeks from the date of

                        receipt/production of a copy of this order, upon furnishing bail

                        bonds of Rs.10,000/- (ten thousand) each with two sureties of

                        the like amount each to the satisfaction of the learned Special

                        Judge, Excise Act, Patna in connection with Jakkanpur P.S. Case

                        No. 980/2025, subject to the conditions laid down in Section

                        482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the

                        further condition that one of the bailors shall be the own/close

                        family members of the petitioners.



                                                    (Harish Kumar, J)
siddharth/-

U       T